Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Cause of action to seek declaration regarding ownership and for cancellation of gift deed & sale deed accrued to plaintiff only upon application for impleadment by defendant Nos.3 to 6 filed in earlier suit and pleading regarding said..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of subsequent transferee and amendment of plaint - Suit for specific performance - During pendency of suit gift deed executed by defendant in favour of his son and mutation entries made in favour of transferee - Transferee deserves to be impleaded as a party and plaint..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Cancellation of gift deed can only be questioned by done/giftee...........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17, 49 -- Unregistered gift deed - Suit for declaration on the basis of unregistered gift deed is nullity in law u/s 123 of T.P. Act, as validity of said document is void ab initio and document is not admissible in evidence u/s 49 of Registration Act...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration based on unregistered gift deed is nullity in law u/s 123 of T.P. Act - Cause of action cannot arise on basis of void document - Plaint rejected...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Gift deed executed due to care, love and affection shown by petitioner No.1 in favour of respondent Nos.2 and 3 - There is sufficient material on record to demonstrate that petitioner No.1 failed to discharge his obligation towards respondents who are old aged persons..........
Agreement to sell -- Prohibition of transfer on vendor - Suit property was gifted by Gram Panchayat to vendor/predecessor in interest of defendants with a condition of not to alienate property for a period of 20 years - After expiry of 20 years of gift deed vendor became eligible to transfer property - Even otherwise, if vendor is held to be ineligible to transfer..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Revocation - Senior citizen/respondent who is a childless widow executed registered Gift Deed in favour of petitioner who is daughter of her husband's younger brother - She executed Gift Deed out of love and affection and she was not expecting any benefit from petitioner - An express..........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Once the conditions of gift have been complied with, donor is divested of ownership rights in gifted land and as such donor cannot claim back ownership and possession of gifted land...........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Donor gifted the land to enable donee to construct a cinema hall on gifted land after obtaining permission under bye-laws regulating construction of cinema halls - Since donee has duly complied with conditions of gift by constructing a cinema hall on gifted land and operating it for about 47 years, it..........
